Legal arrest
officers arrest a man]] An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop". Procedure United States For serious crimes, the police typically handcuff the suspect (only if it is in a public place) and bring him/her to a police station or a jail where he/she will be incarcerated pending a judicial bail determination or an arraignment. In other instances, the police may issue a notice to appear, specifying where and when a suspect is to appear for his arraignment. England In English law, whether a person has been arrested does not depend on the legal authority of the person enforcing the arrest, rather it depends upon whether he has been deprived of his liberty to go where he pleases.Lewis v Chief Constable of the South Wales Constabulary 1991 1 All ER 206. Whether an arrest is lawful depends on whether the police officer or civilian exercising the arrest is acting within the scope of her or his powers. Upon arrest a person must ordinarily be taken to a police station as soon as is practicable,Police and Criminal Evidence Act 1984, section 30. but may be released on bail. Powers of Arrest United Kingdom Any police officer has the following powers to effect arrest without warrant: Code G to the Police and Criminal Evidence Act 1984 deals with powers of arrest under section 24. The wide power under section 24 of the Police and Criminal Evidence Act 1984 may only be used if it is necessary to: *ascertain the person's name or address; *to prevent the person **causing physical injury to himself or any other person, **suffering physical injury, **causing loss of or damage to property, **committing an offence against public decency, or **causing an unlawful obstruction to the highway; *to protect a child or other vulnerable person from the person; *to allow prompt and effective investigation;R (on the application of C) v Chief Constable of A 2006 EWHC 2352 (Admin). or *to prevent the disappearance of the person.Police and Criminal Evidence Act 1984, section 24. Police officers also have powers to arrest under warrant. Civilians have restricted powers of arrest without warrant in relation to very serious offencesPolice and Criminal Evidence Act 1984, section 24A. and to prevent a breach of the peace. Warnings on arrest United States The reading of the Miranda warning or similar "caution" to an arrestee advising him or her of rights is not legally required upon arrest. A legal caution is required only when a person has been taken into custody and is interrogated. Legal cautions are mandated in the US, most Commonwealth and other common law jurisdictions, and countries where the right to legal counsel, the right to silence, and the right against self-incrimination have been clearly established. United Kingdom In the United Kingdom a person must be told that he is under arrest,Police and Criminal Evidence Act 1984, section 28. and "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest".Taylor v Chief Constable of Thames Valley Police 2004 EWCA Civ 858. A person must be 'cautioned' when being arrested unless this is impractical due to the behaviour of the arrestee i.e. violence or drunkenness. The caution required in England and Wales states, You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court. Anything you do say may be given in evidence.Code C to the Police and Criminal Evidence Act 1984, para. 10.5. Deviation from this accepted form is permitted provided that the same information is conveyed. Search on arrest United Kingdom Otherwise than in relation to terrorist suspects, a police constable has the following powers where he arrests a person outside a police station:Police and Criminal Evidence Act 1984, section 32. Non-criminal arrests United States Breach of a court order can be civil contempt of court, and a warrant may issue for the person's arrest. Some court orders contain authority for a police officer to make an arrest without further order. If a legislature lacks a quorum, many jurisdictions allow the members present the power to order a call of the house, which orders the arrest of the members who are not present. A member arrested is brought to the body's chamber to achieve a quorum. The member "arrested" does not face prosecution, but may be required to pay a fine to the legislative body. Ordinarily only human beings can be arrested, but recent and somewhat controversial changes to criminal codes have allowed for the arrest not only of the usual "contraband, evidence, fruits, and instrumentalities" of crime, but also of inanimate objects such as money, automobiles, houses, and other personal property under asset forfeiture. Following arrest While an arrest will not necessarily lead to a criminal conviction, it may nonetheless have serious ramifications such as absence from work, social stigma, and in some cases, the legal obligation to disclose an incidence of arrest when the person applies for a job, a loan or a professional license. These collateral consequences are more severe in the United States than in the UK, where arrests without conviction are not usually considered significant and are not even recorded in a standard criminal record check. In the US, a person who was not found guilty after an arrest can remove his arrest record through an expungement or Finding of Factual Innocence. A legal action is sometimes filed against the government for wrongful arrest. See also * Citizen's arrest * House arrest * Arrestable offence (obsolete term in UK law) * Law enforcement agency * Nightwalker Statute * Resisting arrest * Arbitrary arrest and detention * False arrest References Category:Criminal law Category:Law enforcement Category:Legal psychology